Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-01-12
WEDNESDAY. JANUARY IL, IS
a Law that Is No Law.

Mr.. CUILoM Is the patron OF the inter-
State commerce bin in the Senate. There
fore whatever be says as to the meaning OF
that bill Us 1t was reported from the COM
mites OF conference, and whatever he says
rs 10 The intentions OF the advocates Of the
same, must be accepted rs authoritative.
His speech OF Monday last was most re-
msrkable one. The reader will recollect
that we said few days ago that the words
providing that the long and-short haul pro-
vision should noe be construed as legallzing
a. high charge for shorter as for longer
haul left the matter exactly as 1t was before,
inssmuch as il neither legalized nor pro-
hibited such a charge. We urged this as
an objection, and friends OF the bill claimed
that our objection was not well taken. What
says Mr.. CuLLoN, the patron Of the bill
We quote:
MIR. CULLOM: There isno other pro.
hibiti0n made ia positive terms than the
declaration that "this shall not be con-
strued as authorizing any common carrier,
within the terms Of this act, TO charge or
receive Us great compensation for shorter
IS for longer distance" This does not In
terms prohibit the charging as much for
shorter as for longer distance, but simply
witbholds legislative sanction from the
making OF such charge. This qualifying
clause negatives the inference that might
possibly be drawn from the language OF
the section without these words namely,
that an equal charge for shorter dis
lance is authorized by the inference be-
cause only q greater charge is prohibited.
This qualification, therefore, leaves the
question OF whether an equal amount can
be charged for shorter distance, to be de-
termined by the provisions OF the bill to
which i have already referred, requiring
ali charges TO be reasonable, and forbidding
the giving OF an unreasonable preference
OF advantage 10 any particular locality"
That Is precisely what we interpreted
that qualifying proyiso to mean.
But Mir. CULLoM takes all the strength
out OF the bill by his further explanations.
lie declares that the words substantially
similar circumstances and conditions
comprehend all the circumstances and con-
ditions that may justify differences in
rates, such as competition with other rail.
roads and water routes, the volume and
character Of the business at different points,
and the difference in terminal expenses and
cost Of service In each case.
So that there is competition between
Richmond and Memphis, as there is, the
railroad companies can discriminate IN
favor Of shippers sending freight from that
city to this. but that they cannot dscrimi-
nate in favor Of shippers sending freight
from Nashville TO Richmond; because there
Is no competition.
lie goes further: He says a railroad
may discriminate between its shippers II
there be a difference in the volume and
character OF the business at different
points, or a difference in terminal ex-
penses and cost OF service In each case.
Add to all these exceptions the provi-
sion clothing the railroad commission with
power to relieve from the requirements OF
the law, and, as we asked few days ago,
what Is such a law worth?
Mr.. GEORGE, Of Mississippi, one Of the
ablest lawyers IN the Senate, and once chief
justice Of Mississippi, evidently considered
the bill as explsined by MIR. CULL0M TO be
a little more than be had bargained for, and
so he asked Mr.. CULLOS IL he understood
the bill to make a distinction between
competitive and non.competitive points;
and Mr.. CULLoM frankly responded that he
did. WhereupOn Mr.. GEORGE rejoined
that IL he believed that that was the mean.
ing which tho courts would attach to 1t, he
would vote against the bill, because with
that construction the provisions OF the bill
In REGARD to long aud short haul would
amount to morning..
Just nothing at all, II seems to us. And
so weare not surprised that Mr.. GEORGE
protested against the bill going through the |
Senate with an authoritative exposition or
OF the meaning Of these
WORDS, such as had been given by the
Senator from Illinois.
Nevertheless, Mr.. CULLON speaks by |
authority II any man in the Senate does.
And he in most emphatic manner again |
let Mr.. GEORGE and the Senate know what
the bill was intended to mean. We quote:
Mr.. CULLOM; They mean just what they
say. The railroad companies shall not |
charge more for shorter distance on the
same line In the same direction under sub.
stAntially similar circumstances and condi-
lions than for longer distance, and these
ana conditions may be az you
please that one is competitive point and
that the other is not, or that at one place
there Is very large amount OF business
done, and at the other place perhaps not
more than q carload per month.